When will employers learn? They keep classifying retail Store Managers and Assistant Managers as exempt, when these workers are often misclassified, not intentionally, but because the nature of their duties
Continue Reading Yet Another Store Manager FLSA Lawsuit: The Hits Just Keep On Coming
Eddie Bauer Security Check Waiting Time Case Gets Certification: What Is “Working Time”?
What is working time? There are many variations on this theme, some far grayer than others. When does waiting time become working time? Is the employee engaged to be waiting
Continue Reading Eddie Bauer Security Check Waiting Time Case Gets Certification: What Is “Working Time”?
Arbitration Provision In Handbook Withstands Judicial Scrutiny In Dismissing FLSA Collective Action: Another Magic Bullet!
There has been a great deal of litigation about class action waivers in Employee Handbooks and use of arbitration mechanisms in Employee Handbooks to preclude judicial litigation. A recent New
Continue Reading Arbitration Provision In Handbook Withstands Judicial Scrutiny In Dismissing FLSA Collective Action: Another Magic Bullet!
Urban Outfitters Decertifies FLSA Class: Too Many Individual Differences (Again)
I have blogged (somewhat incessantly, I admit) about manager FLSA class actions and what the line(s) of defense are for the employer in these cases, and how to
Continue Reading Urban Outfitters Decertifies FLSA Class: Too Many Individual Differences (Again)
Another USDOL Audit of Gas Stations Yields Big Dollars for Employees
There have been many investigations of gas stations by the US Department of Labor. Like other retail industries, these businesses sometimes work their employees long hours for a set salary
Continue Reading Another USDOL Audit of Gas Stations Yields Big Dollars for Employees
Conditional Certification Granted In Zales FLSA Collective Action: The Danger of a Uniform Practice
There is no industry or business that is immune to FLSA collective actions. One might think that the a “high end” jewelry business would not be hit with such a
Continue Reading Conditional Certification Granted In Zales FLSA Collective Action: The Danger of a Uniform Practice
Texas Case Poses Interesting Twist On FLSA Section 7(i) Commission Exemption
A Texas federal court handed a quick win Wednesday to a class of trainers claiming Gold’s Gym unfairly denied
Continue Reading Texas Case Poses Interesting Twist On FLSA Section 7(i) Commission Exemption
Off-the-Clock Security Checks
There are some interesting cases going on right now about whether employees who work in electronic retail stores need to be paid for the time they spend waiting to get
Continue Reading Off-the-Clock Security Checks
Who Is The “Employer” Under The FLSA: Second Circuit Addresses The Issue Of Individual Liability For The CEO Of Gristede’s
In FLSA cases, the plaintiff will often sue not only the Company, but its owners and/or officers as well. I know from personal experience in defending these cases that clients
Continue Reading Who Is The “Employer” Under The FLSA: Second Circuit Addresses The Issue Of Individual Liability For The CEO Of Gristede’s
Working Time Class Action Focuses On Alleged Manipulation of Time Records
A North Carolina-based employee has filed a FLSA collective action and a state law class action alleging, among other things, breach of contract, against Foot Locker Incorporated. The Complaint alleges
Continue Reading Working Time Class Action Focuses On Alleged Manipulation of Time Records